Solications MH update 1 dated 7.13.09.doc

Table of Contents

PART I - THE SCHEDULE

A

SECTION A - SOLICITATION/CONTRACT FORM

A

SF 33 SOLICITATION, OFFER AND AWARD

PART I - THE SCHEDULE

B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C

SECTION D - PACKAGING AND MARKING

D

SECTION E - INSPECTION AND ACCEPTANCE

E

E.1 RESPONSIBILITY FOR SUPPLIES

E.2 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS

OR DESIGN (MAY 2001

SECTION F - DELIVERIES OR PERFORMANCE

F

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEPT 2000)

SECTION G - CONTRACT ADMINISTRATION DATA

G

G.1 HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(DEC 2003)

G.2 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

G.3 TASK ORDER PROCEDURES

G.4 SUBMISSION OF INVOICES OR VOICHERS FOR PAYMENT

G.5 STATUS REPORTING

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H

H.1 52.204-9 PERSONAL INDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (Sept 2007

PART II - CONTRACT CLAUSES

I-1

SECTION I - CONTRACT CLAUSES

I

I NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.1 ECONOMIC PRICE ADJUSTMENT – STANDARD SUPPLIES

I.2

52.216-19 ORDER LIMITATIONS (OCT 1995)

I.3 52.217-5 EVALUATION OF OPTIONS

I.4 52.217-8 OPTON TO EXTEND SERVICES (NOV 1999)

I.5

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.6

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

I.7

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.8 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) 1.9

52.216-18 ORDERING (OCT 1995)

I.10

52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

1.11

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

1.12

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J

PART IV - REPRESENTATIONS AND INSTRUCTIONS

K

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

K.2 52.225-18 PLACE OF MANUFACTURE (SEPT 2006)

K.3 52.204-7 CENTRAL REGISTRATION (APR 2008)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L-1 L-1

GENERAL

L-2

PROPOSAL VOLUME REQUIREMENTS

L-3

COMMUNICATIONS WITH THE CONTRACTING OFFICE

L-4

VOLUME I – TECHNICAL APPROACH

L-5

VOLUME II – PAST PERFORMANCE

L-6

VOLUME III – PRICE

L-7

VOLUME IV – CONTRACT INFORMATION VOLUME REQUIREMENTS

SECTION M - EVALUATION INFORMATION AND PROCESS

M

M.1 EVALUATION

M.2 EVALUATION AND AWARD

M.3 EVALUATION CRITERIA AND RATING METHODOLOGY

M.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

M.5 52.216-1 TYPE OF CONTRACT (APR 1984)

M.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

M.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

M.8 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

M.9 52.247-49 DESTINATION UNKNOWN (APR 1984)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

One (1) year base with four (4) one (1) year option periods. Totaling of five (5) years if all options are exercised.

(Date of Award thru 12 months)

CLIN NUMBER

NUMBER OF UNITS

PRICE PER UNIT

1 - 100

0001a Northern

0001b Southern

0001c UFAS

0001d Non-UFAS

101 - 500

0002a Northern

0002b Southern

0002c UFAS

0002d Non-UFAS

501 - 900

0003a Northern

0003b Southern

0003c UFAS

0003d Non-UFAS

901 – 4,500

0004a Northern

0004b Southern

0004c UFAS

0004d Non-UFAS

Fixed Price Delivery to Selma, Alabama per unit

Price Delivery to Cumberland, Md. $

Delivery cost per mile - to any location $ within the US

ODC (travel/stand-by etc)

Option – Storage of units (weekly)

Option – Sprinkler system in units

NOTE: Economic price adjustments may be added for all option periods Option Period 1

CLIN NUMBER

NUMBER OF UNITS

1001a Northern

1001b Southern

1001c UFAS

1001d Non-UFAS

1002a Northern

1002b Southern

1002c UFAS

1002d Non-UFAS

1003a Northern

1003b Southern

1003c UFAS

1003d Non-UFAS

1004a Northern

1004b Southern

1004c UFAS

1004d Non-UFAS

Fixed Price Delivery to Selma, Alabama $

Fixed Price Delivery to Cumberland, Md. $

NOTE: Economic price adjustments may be added for all option periods Option Period 2

CLIN NUMBER

NUMBER OF UNITS

2001a Northern

2001b Southern

2001c UFAS

2001d Non-UFAS

2002a Northern

2002b Southern

2002c UFAS

2002d Non-UFAS

2003a Northern

2003b Southern

2003c UFAS

2003d Non-UFAS

2004a Northern

2004b Southern

2004c UFAS

2004d Non-UFAS

ODC (travel/stand-by cost/)

NOTE: Economic price adjustments may be added for all option periods Option Period 3

CLIN NUMBER

NUMBER OF UNITS

3001a Northern

3001b Southern

3001c UFAS

3001d Non-UFAS

3002a Northern

3002b Southern

3002c UFAS

3002d Non-UFAS

3003a Northern

3003b Southern

3003c UFAS

3003d Non-UFAS

3004a Northern

3004b Southern

3004c UFAS

3004d Non-UFAS

NOTE: Economic price adjustments may be added for all option periods

Option Period 4

CLIN NUMBER

NUMBER OF UNITS

4001a Northern

4001b Southern

4001c UFAS

4001d Non-UFAS

4002a Northern

4002b Southern

4002c UFAS

4002d Non-UFAS

4003a Northern

4003b Southern

4003c UFAS

4003d Non-UFAS

4004a Northern

4004b Southern

4004c UFAS

4004d Non-UFAS

NOTE: Economic price adjustments may be added for all option periods

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachments:

- 3 Bedroom Manufactured Homes - Northern and Southern (UFAS and Non-UFAS – 4 all together)

- Air Quality Testing Procedures - Air Quality Testing Procedures

SECTION D - PACKAGING AND MARKING

N/A

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-16 RESPONSIBILITY FOR SUPPLIES

APR 1984

E.2 52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS OR DESIGN CRITERIA (MAY 2001)

(a) Definitions. As used in this clause--

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

Defect means any condition or characteristic in any supplies or services furnished by the Contractor under the contract that is not in compliance with the requirements of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. Except when this contract includes the clause entitled Warranty of Data, supplies also mean ``data.''

(b) Contractor's obligations. (1) The Contractor's warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor With in 45 days after delivery.

(2) If the Contractor becomes aware at any time before acceptance by the Government (whether before or after tender to the Government) that a defect exists in any supplies or services, the Contractor shall (i) promptly correct the defect, or (ii) promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.

(3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within 15 days of set up of units. Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within 5 days a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be undertaken.

(4) The Contractor shall promptly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price.

(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price.

(6) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within 5 days to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement, and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract.

(7) Any supplies or parts thereof corrected or furnished in replacement and any services performed shall also be subject to the conditions of this clause to the same extent as supplies or services initially accepted. The warranty, with respect to these supplies, parts, or services, shall be equal in duration to that set forth in paragraph (b)(1) of this clause, and shall run from the date of delivery of the corrected or replaced supplies.

(8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other work.

(9) If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return to the place of delivery specified in this contract. The Contractor shall also bear the responsibility for the supplies while in transit.

(10) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation under this contract.

(c) Remedies available to the Government. (1) The rights and remedies of the Government provided in this clause -

(i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance; and

(ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract.

(2) Within 10 days after receipt of the Contractor's recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at designated locations.

(3) In no event shall the Government be responsible for any extension or delays in the scheduled deliveries or periods of performance under this contract as a result of the Contractor's obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

(4) This clause shall not be construed as obligating the Government to increase the contract price.

(5) (i) The Contracting Officer shall give the Contractor a written notice specifying any failure or refusal of the Contractor to -

(A) Present a detailed recommendation for corrective action as required by paragraph (b)(3) of this clause;

(B) Correct defects as directed under paragraph (b)(4) of this clause; or

(C) Prepare and furnish data and reports as required by paragraph (b)(5) of this clause.

(ii) The notice shall specify a period of time following receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in the notice.

(6) If the Contractor does not comply with the Contracting Officer's written notice in paragraph (c)(5)(i) of this clause, the Contracting Officer may by contract or otherwise -

(i) Obtain detailed recommendations for corrective action and either -

(A) Correct the supplies or services; or

(B) Replace the supplies or services, and if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred;

(ii) Obtain applicable data and reports; and

(iii) Charge the Contractor for the costs incurred by the Government

NOTE: Service of units will be provided by on-call service provider.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER

TITLE

DATE

52.242-15

STOP-WORK ORDER

AUG 1989

52.242-17

GOVERNMENT DELAY OF WORK

APR 1984

52.247-29

F.O.B. ORGIN

NOV 1991

F.2 52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $100 per unit, per day, for any unit.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

Delivery of the first 50 Units will be identified through Task Orders and units are to be delivered not later than 60 days after Task Order award.

The ability to produce, deliver and test 125 units per week/500 per month - Unless otherwise state by the Government.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

G.2 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes re-inspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects of nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

G.3 TASK ORDER PROCEDURES

A. Issuing of Task Order

A written or electronic Notice will be issued by the Government prior to issuance of a formal written Task Order. The notice will specify the Government's requirement, authorize the Contractor to perform a preliminary assessment of the Government's requirement, and request a proposal for the required effort. The notice may also authorize the Contractor to begin work based on urgency. The notice will be limited to a specified timeframe and ordering amount.

B. Ordering Methods

a) The Government will order any services to be furnished under this contract by written tasks orders (FEMA Form 40-20) issued by the Contracting Officer, from the effective date of the contract through the expiration date of the contract.

b) A Standard Form 30 will be the method of amending task orders.

c) The Contractor will be required to deliver products and provide services as specified in the attached task order.

d) All task orders will be initiated by a task request.

e) The Contractor shall not begin any work without a signed task order by the Contracting Officer. However, in the event of a Presidential Declaration, task orders may be issued orally. If issued orally, a hard copy will follow within 72 hours.

f) Task orders will be fairly issued amongst the vendors.

Upon signature by the Contracting Officer, each Task Order is considered fully executed, binding and ready for implementation. Each Task Order will be forwarded promptly to the Contractor and shall conform to all terms and conditions of the contract. Orders may be issued orally, electronically, or by facsimile methods. If issued orally, a hardcopy will follow. At a minimum, each Task Order shall include the following: contractor's name, contract number, task order number, contract task number and description of task, performance period, disaster number if applicable and location, cost of the Task Order and applicable accounting and appropriations data.

D. Completion of Task Orders.

Within ninety (90) days of physical completion of work under each Task Order, the Contractor shall submit a Final Voucher. The final voucher shall include a payment history, cumulative itemized costs, and classified certification. If additional time is needed, the Contractor shall submit a written request for a time extension that explains the extenuating circumstances.

E. Payment for Task Orders

If the Contractor is performing more than one Task Order simultaneously, separate invoices are required for each Task Order.

F. Closeout of Task Orders

All task orders issued under this contract shall be closed out in accordance with FAR Subpart 4.805 and established FEMA policy. Upon completion of each Task Order and the receipt of the final voucher, the Government will begin closeout procedures.

G.4 SUBMISSION OF INVOICES OR VOUCHERS FOR PAYMENT

(a) Payments of invoices or vouchers submitted under this contract shall be made in accordance with FAR clause 52.232-10 "Payments Under Fixed Price" (AUG 1987) for Firm Fixed Price Task Orders in accordance with provisions of other clauses in this contract. The Contractor shall submit vouchers once each month (or more frequent intervals, if approved by the Contracting Officer), to the offices designated below. The contractor shall substantiate vouchers by evidence of actual payment and by individual daily job timecards, or other substantiation approved by the Contracting Officer.

(b) Invoices or vouchers, and any required supporting documentation, must be properly identifiable with the Name of contractor, date of the invoice/voucher, contract number, task order number, name and address or EFT information that payment is to be sent to, and the name, title and phone number of the point of contact at the contractor's facility in case of a defective invoice/voucher. Invoices/vouchers shall be submitted as follows:

Original:

Federal Emergency Management Agency

FEMA Finance Center

Mt Weather EAC/Accounts Payable/Bldg 708

PO Box 800

Berryville, VA 22611

One Copy:

Sean G. Williams

Sean.G.Williams@DHS.GOV

Contract Specialist, Disaster Assistance

500 C Street SW, PP-5th Floor

Washington, D.C. 20472

One Copy:

Contracting Officer's Technical Representative

Disaster Assistance Directorate

500 C Street SW, Room 409A

Washington, D.C. 20472

(c) Payments of invoices or vouchers shall be subject to the withholding provisions of FAR clause 52.232-10 "Payments Under Fixed Price" (AUG 1987) or 52.232-7 "Payments Under Time-and-Materials and Labor-Hour Contracts" (DEC 2002). In the event that the amounts are withheld from payment in accordance with provisions of this contract, a separate invoice for the amount withheld will be required before payment for that amount may be made.

(d) Professional Classification is non-exempt. The contractor must provide all supporting documentation and/or the actual cost of overtime for the proposed disciplines that overtime is assigned to. Additionally, the contractor must identify the category (type) that the overtime will be applied and the applicable state code which authorizes overtime.

· It is the intent of the government to award up to 3 vendors under this solicitation

G.5 STATUS REPORTING

Reports will be requested at the Task Order Level.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 52.204-9 PERSONAL INDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (Sept 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER

TITLE

DATE

52.202-1

DEFINITIONS

JUL 2004

52.203-3

GRATUITIES

52.215-1

INSTRUCTIONS TO OFFERORS--COMPETITIVE

JAN 2004

ACQUISITION

52.216-22

INDEFINITE QUANTITY

OCT 1995

52.203-5

COVENANT AGAINST CONTINGENT FEES

52.203-7

ANTI-KICKBACK PROCEDURES

JUL 1995

52.203-8

CANCELLATION, RESCISSION, AND RECOVERY

JAN 1997

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE

SEP 2007

CERTAIN FEDERAL TRANSACTIONS

52.203-13

CONTRACTOR CODE OF BUSINESS ETHICS AND

DEC 2008

CONDUCT

52.204-4

PRINTED OR COPIED DOUBLE-SIDED

AUG 2000

ON RECYCLED PAPER

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST

SEP 2006

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.211-5

MATERIAL REQUIREMENTS

AUG 2000

52.215-2

AUDIT AND RECORDS--NEGOTIATION

MAR 2009

52.215-8

ORDER OF PRECEDENCE--UNIFORM CONTRACT

OCT 1997

FORMAT

52.215-14

INTEGRITY OF UNIT PRICES

OCT 1997

52.219-8

UTILIZATION OF SMALL BUSINESS CONCERNS

MAY 2004

52.222-1

NOTICE TO THE GOVERNMENT OF LABOR

FEB 1997

DISPUTES

52.222-19

CHILD LABOR - COOPERATION WITH

FEB 2008

AUTHORITIES AND REMEDIES

52.222-20

WALSH-HEALEY PUBLIC CONTRACTS ACT

DEC 1996

52.222-26

EQUAL OPPORTUNITY

MAR 2007

52.222-35

EQUAL OPPORTUNITY FOR SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH

JUN 1998

DISABILITIES

52.222-37

EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-50

COMBATING TRAFFICKING IN PERSONS

FEB 2009

52.223-6

DRUG-FREE WORKPLACE

MAY 2001

52.223-11

OZONE-DEPLETING SUBSTANCES

MAY 2001

52.225-1

BUY AMERICAN ACT--SUPPLIES

FEB 2009

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN

JUN 2008

PURCHASES

52.227-1

AUTHORIZATION AND CONSENT

DEC 2007

52.227-2

NOTICE AND ASSISTANCE REGARDING PATENT

DEC 2007

AND COPYRIGHT INFRINGEMENT

52.229-3

FEDERAL, STATE, AND LOCAL TAXES

APR 2003

52.232-1

PAYMENTS

52.232-8

DISCOUNTS FOR PROMPT PAYMENT

FEB 2002

52.232-11

EXTRAS

52.232-17

INTEREST

OCT 2008

52.232-24

PROHIBITION OF ASSIGNMENT OF CLAIMS

JAN 1986

52.232-25

PROMPT PAYMENT

OCT 2008

52.232-33

PAYMENT BY ELECTRONIC FUNDS--CENTRAL

OCT 2003

CONTRACTOR REGISTRATION

52.233-1

DISPUTES

JUL 2002

52.233-3

PROTEST AFTER AWARD

AUG 1996

52.233-4

APPLICABLE LAW FOR BREACH OF

OCT 2004

CONTRACT CLAIM

52.242-2

PRODUCTION PROGRESS REPORTS

APR 1991

52.242-13

BANKRUPTCY

JUL 1995

52.243-1

CHANGES--FIXED-PRICE

AUG 1987

52.246-23

LIMITATION OF LIABILITY

52.246-25

LIMITATION OF LIABILITY--SERVICES

52.248-1

VALUE ENGINEERING

FEB 2000

52.249-2

TERMINATION FOR CONVENIENCE OF THE

MAY 2004

GOVERNMENT (FIXED-PRICE)

52.249-8

DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)

52.253-1

COMPUTER GENERATED FORMS

JAN 1991

3052.222-70

STRIKES OR PICKETING AFFECTING TIMELY

DEC 2003

COMPLETION OF THE CONTRACT WORK

3052.222-71

STRIKES OR PICKETING AFFECTING ACCESS TO

DEC 2003

A DHS FACILITY

52.223.4

USE OF RECOVERED MATERIALS AND BIOBASED

PRODUCTS

I-1 52.216-2 Economic Price Adjustment—Standard Supplies.

The clause may be modified by increasing the 10 percent limit on aggregate increases specified in paragraph (c)(1), upon approval by the chief of the contracting office.

Economic Price Adjustment—Standard Supplies (Jan 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for the manufacture, delivery and air quality testing of Park Models is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that—

(1) Is an established catalog or market price for altered specifications for commercial items sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective—

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

I.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 50, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—67,500

(1) Any order for a single item in excess of 50;

(2) Any order for a combination of items in excess of 67,500; or 135,000

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.3 52.217-5 EVALUATION OF OPTIONS (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

I.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

As prescribed in 17.208(f), insert a clause substantially the same as the following:

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 DAYS.

I.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any ordering periods under this clause, shall not exceed five (5) years.

I.6 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 30 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 30 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 321991 assigned to contract number.

[Contractor to sign and date and insert authorized signer's name and title].

I.7 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(a) "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

I.8 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)

(a) Definition. As used in this clause--

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor- Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant

Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold.